Cap Gap Extension

This term applies to F-1 students and OPT participants. It is a regulatory provision. It is meant to extend the status of the individual to bridge the space between their F-1 status’ end and their H-1B status’ beginning. This would allow the individual, during the gap or space, to remain in the United States.

An OPT, or Optional Practical Training program is for international student on an F-1 visa and a predominant working option.

The most popular visas for non-immigrant foreign nationals is the H-1B visa. Here are a few ways in which they differ.

H-1B:

Three-year duration

Can be extended for three years

Regarding employment change, it is employer specific whereby the individual must have another H-1B sponsor to change their job

If this alien worker loses their job their H-1B status is lost as well and they must leave the United States within 10 days after the H-1B status’ expiration

A non-immigrant visa for workers of H-1B status; these individuals can have the intention of applying for a green card

OPT:

12-month initial duration

Can be extended for 17 months with an extension called STEM OPT

An individual can remain unemployed for 90 days if they are an OPT participant but have only 60 days to leave once the OPT is completed (or change to a visa status using another non-immigrant classification)

Simpler than the process for H-1B, participants are able to change their job

Provided to students of international qualification on an F-1 visa requiring non-immigrant intent

Individuals under OPT can apply for a grace period. Provided the application is approved, they will receive a fresh EAD for an extension of their STEM. If, however, the application is denied, they may only stay through their original OPT’s end. There is also a grace period lasting 60 days in which they can change their status, start a new academic program, or depart the United States. Grace periods only apply, however, if an OPT has been completed.

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